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DONOHUE v. CORNING

C.A. No. 3733-VCS.

949 A.2d 574 (2008)

Mark DONOHUE, Plaintiff, v. Henry CORNING, John A. Mayer, Frohman Anderson, Bernardo Llovera, Diana Propper De Callejon, Expansion Capital Partners, LLC, Expansion Capital Partners II, LP, and Expansion Capital Partners II — General Partner, LLC, Defendants.

Court of Chancery of Delaware.

Decided: June 20, 2008.

Attorney(s) appearing for the Case

Raymond J. DiCamillo, Esquire, Scott W. Perkins, Esquire, Richards, Layton & Finger, P.A., Wilmington, DE; Steven M. Schatz, Esquire, David J. Berger, Esquire, Tracy Tosh Lane, Esquire, Wilson Sonsini Goodrich & Rosati, P.C., Palo Alto, CA, for Plaintiff.

Steven L. Caponi, Esquire, Elizabeth A. Sloan, Esquire, Blank Rome, LLP, Wilmington, DE; Richard E. Levine, Esquire, Alisa J. Baker, Esquire, Levine & Baker, LLP, San Francisco, CA, for Defendants.

OPINION

STRINE, Vice Chancellor.

Through this motion for partial summary judgment, plaintiff Mark Donohue seeks advancement for this action, which he initiated to determine who is in control of defendant Expansion Capital Partners, LLC. Donohue, who was purportedly removed for cause by a vote of the Non-Managing Members on Expansion's Board in conformity with Expansion's LLC Agreement, challenges his removal by...

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